Neutral Citation No. - 2025:AHC:5459 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47311 of 2024 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vijay Pratap Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 159 of 2024, under Section 302 IPC, Police Station Pahasu, District Bulandshahar, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 19.6.2024 against unknown persons and according to the FIR daughter of the informant aged about 13 years on 19.6.2024 at about 8:00 hours had gone to forest but she did not return and subsequently her blood stained dead body was recovered from the field of one Praveen Sharma. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation on the basis of information furnished by police informer, applicant has been made accused in the present matter on the ground that he was having illicit relationship with the wife of the informant i.e. mother of the deceased. 5. He further submitted that however, as per prosecution after arrest applicant confessed his guilt and on his pointing out, sharp edged weapon used in the crime and blood stained clothes of the applicant were recovered but entire recovery is false. 6. He further submitted that from perusal of the recovery memo which has been annexed at page 84 of the paper book, it reflects that the weapon was recovered from an open place which is accessible to all. 7. He further submitted that even on the basis of above recoveries, it cannot be said that applicant committed the murder of the deceased. 8. He further submitted that it is a case of circumstantial evidence and there is no cogent evidence against the applicant on record which connect him with the instant crime. 9. He further submitted that it appears only due to suspicion, applicant has been made accused in the present matter. 10. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 21.6.2024 i.e. for last more than 6 months. 11. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. From the perusal of the record, it appears that it is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter on the basis of his confessional statement and recovery of alleged weapon used in the crime and clothes of the applicant and it also reflects that except the above recovery and confessional statement of the applicant, there is no other evidence against the applicant on record. 14. As far as recovery of the blood stained weapon and clothes of the applicant are concerned, from the recovery memo it reflects that recovery of the weapon was made from the place which is accessible to all and after considering the facts of the case, this Court finds merit in the arguments advanced by learned counsel for the applicant that merely on the basis of above recovery, it cannot be said that applicant committed the murder of the deceased. 15. Further, applicant is having no criminal history and he is in jail in the present matter since 21.6.2024 i.e. for last more than 6 months. 16. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Rahul, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad